A strange sexual kidnapping case will return to federal court in Rochester this week with questions of whether the alleged victim should testify at a bail hearing.

Brandon Todd, a 19-year-old Steuben County man, is accused of kidnapping a 28-year-old Florida woman and holding her captive for sex at his grandparents' home in the town of Prattsburgh. But his attorney, Mark Funk, has contended that the woman went willingly with Todd, was seen around the community being affectionate with him, and did not run away despite ample opportunity to do so.

U.S. Magistrate Judge Jonathan Feldman in October continued a bail hearing for Todd. Feldman asked the attorneys to file briefs on whether he can and should order the victim to testify at a bail hearing.

Todd is scheduled to return to court Tuesday.

In court papers filed Friday, Funk argues that the woman should testify because of inconsistencies in her story, while the prosecutor, Assistant U.S. Attorney Jennifer Noto, said the government has already shown substantial proof of Todd's dangerousness.

Todd met the woman on a bus to California in April. He then returned to Prattsburgh with her. Prosecutors allege the woman was threatened and kidnapped by Todd, believing he was a member of the Latin Kings street gang.

“Somebody’s freedom is at stake, obviously. ”

U.S. Magistrate Judge Jonathan Feldman in October

The FBI said the woman, after living with Todd at his grandparents' home for a short time, faked an asthma attack and then escaped from the hospital. Her boyfriend from Florida picked her up and took her home, authorities claim.

At the October bail hearing, Feldman was clearly concerned with what Funk said were several inconsistencies in the woman's story. Speaking of the decision of whether to keep Todd jailed awaiting trial, Feldman remarked, "Somebody's freedom is at stake, obviously."

Funk has requested that Todd be allowed to return to his grandparents' home as he awaits trial, but Noto portrays the familial relationship as one in which Todd dominates and manipulates his grandparents. Todd, who has been determined to suffer from a personality disorder, even took strange steps to create schisms between family members, Noto wrote in court papers.

Todd once alleged that a cousin, who had moved into the Prattsburgh home had committed murders, an apparent false claim that led to a multi-state police investigation and the cousin's move from the home, Noto alleged. Todd "also lied about harassing telephone calls and threats from his aunt and uncle to obtain an order of protection ... which prevented them from calling the grandparents' home where the defendant lived," Noto wrote.

In court papers, Noto contends that Feldman should be able to use the findings of a mental competency exam to determine whether Todd can be released before trial. Funk argues that the law prohibits use of the exam for bail or other criminal trial procedures.

While the exam did determine Todd competent to stand trial, there were apparent concerns about his dangerousness, testimony at the October hearing showed. The exam is confidential.

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